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LENDER ACTIONS Sample Clauses

LENDER ACTIONSTo the extent applicable law may impose duties on Crestmark to exercise remedies in a commercially reasonable manner, Borrower agrees that it is not commercially unreasonable for Crestmark: to fail to exercise remedies against any Collateral or any particular Account Debtor; to proceed against Account Debtors either directly or through collection agencies; to advertise disposition of Collateral through publications or media of general circulation; to hire professional auctioneers to dispose of Collateral; to dispose of Collateral in wholesale or retail markets; to disclaim warranties with respect to Collateral; or to obtain services of attorneys or other professionals. The foregoing is not an exhaustive list and nothing contained in the foregoing shall be construed to grant any rights to Borrower or to impose any duties on Crestmark that would not have been granted or imposed by this Agreement or by applicable law in the absence of this Section 16. Borrower agrees that under no circumstances is Crestmark the agent or representative of Borrower.
LENDER ACTIONS. The Guarantor hereby consents and agrees that Lender may at any time or from time to time in their discretion (a) extend or defer the timing of dividends, (b) modify the terms and conditions under which an extension of credit may be made to Borrowers, (e) settle, compromise or grant releases for liabilities of any Borrower, and/or any other Person or Persons liable with Guarantor for, any Obligations, (d) and exchange, compromise, release or surrender, or subordinate or release any lien on any Borrower asset (including any collections therefrom or proceeds thereof); all of the foregoing in such manner and upon such terms as Lender may see fit, and without notice to or further consent from the Guarantor, who hereby agrees to be and shall remain bound upon this Agreement notwithstanding any such action on Lender’s part.
LENDER ACTIONSTo the extent applicable law may impose duties on Pathward to exercise remedies in a commercially reasonable manner, Borrower agrees that it is not commercially unreasonable for Pathward: to fail to exercise remedies against any Collateral or any particular Account Debtor; to proceed against Account Debtors either directly or through collection agencies; to advertise disposition of Collateral through publications or media of general circulation; to hire professional auctioneers to dispose of Collateral; to dispose of Collateral in wholesale or retail markets; to disclaim warranties with respect to Collateral; or to obtain services of attorneys or other professionals. The foregoing is not an exhaustive list and nothing contained in the foregoing shall be construed to grant any rights to Borrower or to impose any duties on Pathward that would not have been granted or imposed by this Agreement or by applicable law in the absence of this Section 16. Xxxxxxxx agrees that under no circumstances is Pathward the agent or representative of Xxxxxxxx.
LENDER ACTIONSGuarantor hereby consents and agrees that Lender may at any time or from time to time in Lender’s discretion (a) extend or change the time of payment and/or change the manner, place or terms of payment of any or all Obligations, (b) amend, supplement, restate or replace the Transaction Documents or any related agreements, (c) renew or extend any financing now or hereafter reflected by the Transaction Documents or the maturity thereof or increase (without limit of any kind and whether related or unrelated) or decrease loans and extensions of credit to Company, (d) modify the terms and conditions under which loans and/or extensions of credit may be made to Company, (e) settle, compromise or grant releases for liabilities of the Company, and/or any other Person or Persons liable with Guarantor for, any Obligations, (f) exchange, compromise, release or surrender, or subordinate or release any lien on, any property (including any collections therefrom or proceeds thereof) of the Company or any other Person or Persons now or hereafter securing any of the Obligations, and (g) apply any and all payments and proceeds of any property of any Person securing any or all of the Obligations received by Lender at any time against the Obligations in any order as Lender may determine; all of the foregoing in such manner and upon such terms as Lender may see fit, and without notice to or further consent from Guarantor, who hereby agrees to be and shall remain bound upon this Guaranty notwithstanding any such action on Lender’s part.
LENDER ACTIONSAgainst Borrower or the Collateral Each Lender agrees that it will not take any action, nor institute any actions or proceedings, against Borrower or any other person hereunder or under any other Loan Documents with respect to exercising claims against the Borrower or rights in any collateral without the consent of the Required Lenders. With respect to any action by the Agent to enforce the rights and remedies of the Agent and Lenders with respect to the Borrower and any collateral in accordance with the terms of this Agreement, each Lender hereby consents to the jurisdiction of the court in which such action is maintained.
LENDER ACTIONS. Upon the occurrence of an Event of Default under this Lease, Landlord shall take no action to (i) effect a termination or cancellation of this Lease, as the case may be; (ii) dispossess Tenant or any Lender; or (iii) exercise its right of reentry or its right with respect to any security interest (Landlord’s obligations as set forth above are (i) Lender shall pay Landlord or the appropriate governmental authority any Taxes or other items required to be paid which are then due and owing, along with all interest, penalties and other charges; (ii) Lender shall pay all premiums for all insurance required under this Lease and any other amounts required in order to maintain all insurance required to be maintained by Tenant under this Lease; (iii) Lender shall pay to Landlord all Base Rent due then in default, along with all default interest and late charges, and continue to promptly pay to Landlord all Base Rent as they become due under this Lease; (iv) Lender shall promptly comply or shall commence compliance, as the case may be, with all other requirements of this Lease, as the case may be, if any are then in default and are then curable, and shall prosecute them to completion with due diligence; (v) Such Event of Default is of a nature capable of being cured by Lender; and (vi) Lender has instituted and continues to diligently pursue the cure of such Event of Default or foreclosure proceedings to acquire all of Tenant’s interest under this Lease. Notwithstanding the foregoing, if at any time during the Landlord’s Forbearance the Lender fails to satisfy any of the above conditions, the Landlord Forbearance shall automatically expire and Landlord shall be entitled to take such actions as necessary to pursue its remedies under this Lease, including, but not limited to, the termination of this Lease. If any Event of Default is of a nature incapable of being cured by Lender (including, but not limited to a bankruptcy by Tenant), Landlord shall not be required to continue Landlord’s Forbearance for a period greater than one hundred twenty (120) days.
LENDER ACTIONSTo the extent applicable law may impose duties on Lender to exercise remedies in a commercially reasonable manner, Borrower agrees that it is not commercially unreasonable for Lender: to fail to exercise remedies against any Collateral; to advertise disposition of Collateral through publications or media of general circulation; to hire professional auctioneers to dispose of Collateral; to dispose of Collateral in wholesale or retail markets; to disclaim warranties with respect to Collateral; or to obtain services of attorneys or other professionals. The foregoing is not an exhaustive list and nothing contained in the foregoing shall be construed to grant any rights to Borrower or to impose any duties on Lender that would not have been granted or imposed by this Agreement or by applicable law in the absence of this Section 17. Borrower agrees that under no circumstances is Lender the agent or representative of Borrower.
LENDER ACTIONSEach Lender agrees that it will not take any enforcement action, nor institute any actions or proceedings, with respect to the Loans, against Borrower hcreunder or under the other Loan Documents without the consent of the Agent or Requisite Lenders. All such enforcement action and proceedings shall be (i) taken in concert and (ii) at the direction of or with the consent of Agent or Requisite Lenders. With respect to any action by Agent to cnfoicc the rights and remedies of Agent and the Lenders under this Agreement and the other Loan Documents, each Lender hereby consents to the jurisdiction of the court in which such action is maintained, and agrees to deliver its Notes to Agent to the extent necessary to enforce the rights and remedies of Agent for the benefit of the Lenders.
LENDER ACTIONS. Guarantor acknowledges and agrees that Xxxxxx may take actions relating to the Borrower, the Guaranteed Obligations, and the Collateral, and that Lender has no obligation to notify Guarantor or obtain Guarantor’s consent to such actions. Such actions include, without limitation: (i) making additional loans to Borrower or otherwise extending additional credit to Borrower; (ii) renewing, extending, accelerating, and otherwise changing the time for payment or performance of the Guaranteed Obligations; (iii) modifying any other terms of any of the Loan Documents, including changing the applicable interest rate; (iv) taking and holding additional security for the Guaranteed Obligations; (v) perfecting its interest in the Collateral or any new security, or exchanging, enforcing, waiving, or releasing all or any part of the Collateral or such additional security; (vi) purchasing all or any part of the Collateral at a public or private sale with or without the substitution of new collateral; (vii) releasing, substituting, agreeing not to sue, or dealing with any one or more of Borrower’s endorsers, other guarantors, and other obligors under the Loan Agreement; (viii) determining how, when, and what application of payments and credits will be made on the Guaranteed Obligations; (ix) selling, transferring, assigning or granting participations in all or any part of the Guaranteed Obligations; and (x) assigning its rights under the Loan Agreement and any related security agreement or other guaranty. Xxxxxxxxx confirms and agrees that no such actions will impair, limit or otherwise affect Guarantor’s obligations under this Guaranty.
LENDER ACTIONS. Anything contained in any of the Credit Documents to the contrary notwithstanding, the Borrowers, the Administrative Agent and each Lender hereby agree that the authority to enforce rights and remedies hereunder and under the other Credit Documents against the Credit Parties or any of them shall be vested exclusively in, and all actions and proceedings at law in connection with such enforcement shall be instituted and maintained exclusively by, the Administrative Agent in accordance with Section 7.2 for the benefit of all the Lenders and Issuing Lenders; provided, however, that the foregoing shall not prohibit any Lender (a) from exercising setoff rights in accordance with Section 9 .7 or (b) filing proofs of claims in any bankruptcy proceeding relative to any Credit Party under any Debtor Relief Law; and provided further, that in addition to the matters set forth in clauses (a) and (b) of the preceding proviso, any Lender may, with the consent of the Required Lenders, enforce any rights and remedies available to it and as authorized by the Required Lenders.